LACHMAN SINGH Vs. GURMIT KAUR

JUDGEMENT

(1.) The subject matter of the present reference is important but quite baffling a question, as to how the damages should be quantified which the offender, who is held responsible for terminating prematurely the life of another person by his culpable act, negligence or default is liable to pay to the legal representatives of the dependants of the deceased or, in other words, the determination of the amount of compensation which the regal representatives or dependants are entitled to get from such offender.

(2.) The injured person, who was the victim of any injury at the hands of another person which resulted in permanent or temporary in capacity causing thereby some loss of earning, has always been held to be entitled to get damages against the offender under the law of torts, but there was no specific provision for getting damages before 1855 in India if such injury resulted in the death of the injured person, nor was there any legal provision as to who will be entitled to get the damages or the compensation in such a contingency. The India Fatal Accidents Act, 1885 (hereinafter to be called the Act), for the first time provided for such damages or compensation and also enumerated the parties entitled to the same in Section 1A of the Act, which is reproduced below :

(3.) The Motor Vehicles Act, 1939 , also provided for compensation arising out of the metal fatal accidents by motor vehicles, in Sections 110A and 110B. Under these provisions, all claimes are to be decided by the claims tribunal, but no specific guidelines have been enacted for determining the amount of compensation. These only enable the claims tribunal to make an award "determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid." It is provided under Section 110-A that the application for compensation should be made by or on behalf of all the legal representation of the deceased.